WUNRN
Afghanistan - Girls Often Victims of
Baad Tribal Dispute Settlements
Traditional means of settling disputes usually involves giving young girl to family of perceived victim of crime.
By Wahida Paykan in Mazar-e-Sharif (ARR No. 317, 26-Mar-09)
Two-year-old
Nilab sits on the floor, drawing with a stick. She is wearing a red dress and
black shoes, her unruly curls falling in her eyes. Shy around strangers, she
hides her face behind her big sister from time to time.
The toddler has no idea what awaits her: she has been traded away in baad, to
make up for the sexual misconduct of her uncle.
Baad is a traditional means of settling disputes in Afghanistan, and usually
involves giving a young girl to the family of the perceived victim of a crime.
“My uncle Jawad was found guilty of having unlawful sexual relations with
Noria, my father’s cousin,” said Mariam, Nilab’s 19-year-old sister, tears
running down her face.
“Noria became pregnant, but her husband has been working in Iran for the past
seven months. Noria’s father-in-law accused Jawad of being the father, and the
families agreed to settle the matter through the local jirga (council). The
jirga decided that Nilab should be given to Noria’s brother-in-law, who is only
six years old. Everyone agreed.”
Baad is seen as a way of avoiding more violent means of satisfying grudges, and
many Afghans applaud the practice.
“Without baad, we would have conflict between the families, with murder and
revenge,” said Nadira, a member of the family who accepted Nilab. “Baad is a
good thing. Killing and enmity are prohibited in Islam.”
“This is a very good decision by the jirga,” said her sister Sabera. “Peace has
been restored to the two families. Their enmity has turned to friendship. The
girl taken in baad will have all the rights of a family member, and will
finally marry a son of this family, she will become a bride.”
Nilab is lucky; she will be allowed to remain with her own family until she reaches
puberty. In stricter cultures, she could have been taken immediately. In many
cases, the family of the victim will take out its rage on the girl given in
baad, as a way of exacting vengeance without starting an all-out war between
two groups.
Baad is an ancient tradition in Afghanistan, dating back to the days when no
central legal authority existed, and conflicts were settled through the tribal
system.
Slowly the practice became widely accepted, even though there is no religious
or legal basis for it. When a man kills, rapes, or has sexual relations with
someone other than his wife, a local council can step in to mediate. Lesser
offences can usually be settled by the exchange of money, perhaps a few sheep
or a cow. But the standard penalty for a serious crime is for the offender’s
family to part with a girl, who is given to the victim’s family.
Often the girl given in baad is little more than a slave; she can be beaten or
mistreated, or even killed. Much domestic violence in Afghanistan can be traced
back to the tradition of baad, according to human rights activists.
“Baad is a negative tradition with no legal or moral basis,” said Judge Sayeed
Mohammad Sami, head of the Afghan Independent Human Rights Commission for the
north. “A human life can never be traded away. It will take a long time and
much hard work to get rid of this terrible practice.”
According to Judge Sami, 571 cases of violence had been recorded in the north
over the past year. Out of these, eight were attributed to baad. However, he
added, the number could be much higher, since many families do not report such
incidents.
Baad is illegal, said Mah Gul Yamam, a legal expert at the Afghan Human Rights
Organisation.
“According to the laws of Afghanistan, a perpetrator bears personal
responsibility for his crimes,” she said. “This responsibility cannot be
transferred to others. But unfortunately, in Afghanistan, when a man commits a
crime, it is the females that have to bear the punishment.”
Baad is against the criminal code of Afghanistan, punishable by up to two years
in jail, she explained. But unfortunately, no legal action can be taken unless
the woman or girl who is given away makes a complaint. Females are often
reluctant to initiate criminal proceedings against their relatives, and,
indeed, can be physically coerced into complying with the demands of baad.
“There is a dysfunction in the law,” said Mah Gul. “Baad must be recognised as
a crime.”
Afghanistan’s legal system is plagued with corruption and inefficiency, and is
in no condition to dispense justice. Despite the efforts of the international
community, which has poured millions of dollars into judicial reform over the
past seven years, many Afghans choose the traditional structures when things go
wrong.
Tribal or jirga justice is swift and almost universally accepted – but it has
the disadvantage of perpetuating many of the society’s long-standing abuses
against women.
Malaly Roshandil Usmani, head of the Women’s Rights Advocacy Association, told
IWPR that women whose rights have been violated are in no position to make a
complaint.
“Organisations working in the field of women’s rights should not have to wait
for women to come to them,” she said. “They need to find these women and work
with them.”
Many women do not know their rights, she explained, and still more are
prevented from exercising those rights.
“Many women cannot read and write, and they have no information about the legal
code or Sharia law,” she said. “The misery of baad will continue until women
are made aware of their rights.”
Religious scholar Maulawi Rahman Rahmani told IWPR that baad should not be
tolerated in Islam.
“The great majority of Afghanistan’s population is Muslim,” he said. “How can
such a negative practice come into being?”
“It is a serious sin to give away another’s life to escape punishment. It is
the obligation of Islamic scholars to try and eliminate these unwanted
traditions.”
Nilab’s neighbour, Fawzia, agrees.
“An innocent child should not be forced to bear the guilt of others,” said
Fawzia. “Everyone is responsible for his own crimes. Baad does not build peace,
it keeps wounds open forever.”
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